HOUSTON, Texas (KTRK) — Houston Mayor John Whitmire says the city will review some of the hundreds of claims filed by people whose property was damaged during law enforcement operations, following ABC13’s reporting on a student whose car was totaled following an HPD shootout in July.

Whitmire told ABC13 the city has followed the law, but believes fairness should guide how officials handle claims from innocent bystanders.

The announcement comes after Abigail Trujillo, a University of Houston student, said her claim for compensation was denied after her car was damaged during a police shootout at the Highland Village shopping center on July 6.

Trujillo said she relies on her car to get to school and work.

“I use it for school, I use it for work,” Trujillo said.

Video from the scene shows a large police presence, gunfire, and bystanders in the area as officers attempted to arrest Jamarcus Spates, who police say was involved in the incident.

Whitmire said he partnered with the police union to provide Trujillo with a new car.

“She got caught up in the crossfire and bureaucracy lost their sense,” Whitmire said.

The mayor also said the city is reviewing its policies to ensure it doesn’t automatically deny bystander claims. However, he maintained that the city has the legal authority to deny claims when appropriate.

“The state of Texas does give cities immunity from lawsuits, but you gotta use fairness in how you want to be treated,” Whitmire said.

ABC13 reviewed a 1980 Texas Supreme Court ruling, first highlighted by the Houston Chronicle, that addresses compensation for innocent third parties whose property is damaged during government actions.

The ruling states that innocent third parties are entitled under the Texas Constitution to compensation for their property.

Whitmire said his responsibility is to follow the law while treating people fairly.

“My job is to follow the law and be fair. That’s what we’re doing,” he said.

Attorney Brian Foley told ABC13 that the 1980 ruling, along with a federal ruling from last year involving a North Texas case, supports the argument that the government may be responsible for property damage caused during law enforcement operations.

“If the government destroys your property in the lawful duty of ending a threat, the government is still responsible if they did so intentionally,” Foley said.

Whether those rulings apply to individual claims depends on the facts and legal circumstances of each case.

SEE ALSO: New video shows Houston police officers open fire during Highland Village stolen-car standoff

Debra Spates, Jamarcus Spates’ mother, also contacted ABC13 about damage to her vehicle.

She reported that her son had stolen her car in July. Police were attempting to arrest him in the Highland Village parking lot, and he was inside her vehicle when officers began shooting.

Spates said she believes she should be compensated because she was not involved in the incident.

“As an innocent person who’s done nothing to initiate this, I feel that person should be compensated,” she said.

Whitmire expressed sympathy for Spates but said he does not agree that the city should compensate her in this case.

“I feel really sorry, but she needs to talk to her son,” Whitmire said.

When asked about the argument that Spates may be entitled to compensation as a crime victim, Whitmire said legal opinions within the city differ.

“There’s a whole floor of lawyers who disagree. My job is to follow the law,” he said.

Whitmire said the city will examine other claims that have been filed, but it remains unclear how officials will determine which claims qualify for compensation and whether they will reconsider previously denied claims.

ABC13 asked the mayor how the city would decide which claims to pay.

The city’s review and its handling of outstanding claims remain ongoing. ABC13 will continue to monitor the process.

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